Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-12-20

case or considerable importance to the gro
GERS In this city was called to the attention of
Judge Smell by Attorney Padgett this morning.
The case was against Mr.. James l. Barbour. the
wholesale grocer, who was charged on the oath Of
Detective RAN with being the proprietor OF "gfft
enterprise The Information charged that the
defendant ION divers days, between the LIST and
10th days OF December did ofIer for sale and sell
TO persons, whose names are to the attorney un-
known, certain cans Of yeast powder, with the
promise to give and bestow certain other articles
and things for and in consideration OF the pur-
chase OF said cans Of yeast powder by the said
persons, and the said James l. Barbour did give
and bestow on the said persons certain glassware
and other articles for and In consideration OF the
sonS''
The warrant was sworn out by Detective Ran
on account OF the numerous complaints made to
the police by grOcers who do not handle goods
with which articles are given away, and after COD
sultation with Mr.. Barbour this case was brought
for the purpose OF testing the law.
Mr.. Garnett for the defendant, said that Mr.. Bar
bour was a wholesale dealer, and as such he pur-
chased and sold the yeast powder and glassware
by the case and the sale Of one carried with t the
sale or the other. 1t was The practice OF the
smaller dealers TO give piece OF glassware with
the can OF yeast powder When a purchase was
made It was purchase OF both and not OF only
one OF the articles The cases are not broken. The
1actS as stated were admitted.
The Judge said that II there was any nice QueS-
ton to b. raised he had better hear the facts and
referred TO the Case OF the tea stores tried some
years ago
Mr.. Padgett said, as he understood 1t, in each
G can Oh Yeast powder was ticket, which entitled
The purchaser TO piece OF glassware.
- nose are the facts" said Mr.. Garnett.
me Judge said that he understood that the law
was designed to prevent the lottery business.
Mr. Padgett said, as he remembered 1t, the law
was passed to break up bushes IS which was con-
ducted by persons who sold pictures, on the backs
Oh which were numbers, emitting the holder to
piece OF jewelry OF a sum OF money.
detective Rdu was sworn Witness. lie teS-
titled that the chief OF police called his attention
TO number Of complaints made about this bust
ness, and he called on Mr.. Barbour, who said he
The cans, he said, sold for different prices, and
the articles arranged In value according to the
price OF the powder purchased.
Judge.
Mr.. Garnett said he would waive the point as to
breaking the cases, as he desired to test the mat
Judge.
''rhe matter OF gift enterprises" said the judge
us troublesome question, and the case depends
somewhat on the character or the man handling
IL. This Is probably technical violation OF the
law, and am willing TO take Mr. BarbOur's per-
sOnal recOgniZance."
"That would stop Mr.. Barbour's business" said
MrGarnett. Il certainly object to such DISPOSE
ton, as that would not give them chance to test
the matter"
.Th1s decision" said Mr. Padgett"will be OF con-
siderable Importance to innunerable stores in this
city, such as grocerS who handle this yeast pow
DER, and tea stores where tickets are given for ar
tlceS. There Is no chance, no abuse In that busi-
ness; There are also clothing stores where, with
children's clothes are given baseball bats Water
bury watches and other articles. This business ex
tends all over the city, and the decision Is there
fore OF considerable Importance"
The Judge took the matter under consideration
and continued the case on the defendants personal
bonds.